Citizen's Arrests: Superseded by Fall 2007 article.
Covert Search warrants: Superseded by Fall 2002 article.
Police "Contacts": Superseded by Summer 2006 article.
Workplace Searches (37KB)
Questioning Charged Suspects: Superseded by Spring 2007 article.
People v. Matelski ( December 01, 2000) 82 Cal.App.4th 837 : ISSUE: When officers arrive at a residence to conduct a probation search, under what circumstances may they detain visitors on the premises?
People v. Dey ( November 27, 2000) __Cal.App.4th__ : ISSUE: If officers find illegal drugs in the passenger compartment of a vehicle, can they search the trunk for additional drugs if the quantity of drugs in the passenger compartment indicated it was possessed only for personal use?
U.S. v. Orso (9th Cir. November 08, 2000) __ F.3d __ : ISSUE: Was a confession obtained by a postal inspector inadmissible because the inspector had previously obtained incriminating statements from the suspect in violation of Miranda? NOTE: On September 17, 2001, an en banc panel of the 9th Circuit overruled the decision below. The panel determined that Elstad applies when, as in Orso, the Miranda violation was not coercive.
People v. Hoag ( November 01, 2000) 83 Cal.App.4th 1198 : ISSUE: (1) Can a defendant challenge an alleged knock-notice violation if he was not at home when the entry was made? (2) Did officers substantially comply with the knock-notice requirements?
People v. Davis ( October 26, 2000) __ Cal.App4th__ : ISSUE: Under what circumstances is a search warrant required to inspect a jail inmate's property?
People v. Amador ( October 16, 2000) __ Cal.4th__ : ISSUE: Under what circumstances is a search warrant required to inspect a jail inmate's property?
U.S. v. Hay (9th Cir. October 01, 2000) __F.3d__ : ISSUE: (1) Did probable cause exist for a warrant to search Hay's computer for child pornography? (2) Was the description of the computer equipment to be seized reasonably particular?
Mena v. City of Simi Valley (9th Cir. September 22, 2000) __F 3d__ : ISSUE: Were officers who executed a search warrant entitled to qualified immunity in a civil case where the plaintiffs alleged, (1) the search warrant was overbroad, (2) the search was overbroad, (3) the officers unlawfully detained them, and (4) the officers caused unnecessary damage to the premises?
United States v. $109, 179 (9th Cir. September 01, 2000) __F.3d__ : ISSUE: (1) Did officers have grounds to detain Maggio? (2) Was the detention, in reality, an unlawful arrest? (3) Did officers have grounds to pat search Maggio? (4) Did the officers' act of inserting a key into the lock of Maggio's car constitute a search?
U.S. v. Granville (9th Cir. August 28, 2000) __ F.3d __ : ISSUE: (1) Did officers who were executing a search warrant comply with the knock-notice requirements? (2) If not, was compliance excused by exigent circumstances?
People v. Reyes ( August 15, 2000) __Cal.App.4th__ : ISSUE: Did a ruse utilized by narcotics officers render a subsequent encounter with suspect an unlawful detention , thus invaliding the suspect's consent to search?
People v. McKay ( August 11, 2000) __Cal.App.4th__ : ISSUE: Under what circumstances may an officer take a traffic violator into custody for failing to present "satisfactory" identification?
U.S. v. Knights (9th Cir. August 01, 2000) __F.3d__ : ISSUE: Was a probation search of a bombing suspect's apartment unlawful because deputies were interested in solving a crime, rather than rehabilitating the suspect? NOTE: ON MAY 14, 2001, THE UNITED STATES SUPREME COURT DECIDED TO REVIEW THIS CASE (CERTIORARI GRANTED).
People v. Camacho ( July 27, 2000) __ Cal.4th __ : ISSUE: (1) Did officers have implied consent to enter the side yard of the defendant's home? (2) Did exigent circumstances justify an officer's entry into Camacho's side yard?
People v. Robles ( July 17, 2000) __ Cal.4th __ : ISSUE: If officers conduct a warrantless search of a residence, does an occupant of the premises have standing to challenge the search if, (1) the only legal justification for the search was that another occupant was subject to a probation search condition, and (2) officers were unaware of the search condition when they conducted the search?
U.S. v. Poehlman (9th Cir. June 27, 2000) __ F.3d __ : ISSUE: Did officers entrap a suspect into attempting to commit a sex crime?
Dickerson v. United States ( June 26, 2000) __ US __ : ISSUE: Must law enforcement officers continue to comply with the Miranda procedure, or was Miranda abrogated by Congress 1968?
People v. Channing ( June 23, 2000) __ Cal.App.4th __ : ISSUE: Was an officer's observation of a marijuana garden on the defendant's property unlawful because the officer was a trespasser?
People v. Russell ( June 01, 2000) __ Cal.App.4th__ [C031844] : ISSUE: Did a traffic stop become unlawful when an officer asked the occupants questions that did not pertain to the suspected traffic violation?
People v. Brewer ( June 01, 2000) __ Cal.App.4th__ : ISSUE: (1) If an officer obtains a statement from a suspect in violation of Miranda, can the statement be used to establish probable cause for a warrant to search the suspect's home? (2) If an officer asks an incarcerated suspect for consent to search, must the officer first obtain a Miranda waiver?
People v. Oldham ( May 31, 2000) __ Cal.App.4th __ : ISSUE: Did officers reasonably believe that Oldham's father had authority to consent to a search of Oldham's bedroom?
U.S. v. Reeves (9th Cir. May 01, 2000) __ F.3d __ : ISSUE: Was a search warrant invalid because the affiant failed to include information tending to show an informant was not trustworthy?
People v. Jenkins ( May 01, 2000) __ Cal.4th__ [S007522] : ISSUE: (1) Was it reasonable for officers to believe that the defendant's sister could consent to a search of the defendant's briefcase? (2) If physical evidence was discovered as the result of an involuntary statement by a third person, must that evidence be suppressed in the trial of another?
In re Humberto O. ( April 26, 2000) __Cal.App.4th__ : ISSUE: (1) Did officers have grounds to detain a juvenile for truancy? (2) Before transporting a truant to school, may officers search him incident to an "arrest?" (3) If so, what is the permissible scope of such a search?
People v. Fradiue ( April 24, 2000) __US__ : ISSUE: Under what circumstances must officers obtain a Miranda waiver before questioning a suspect who is serving time in prison?
People v. Storm ( April 19, 2000) __Cal.App.4th__ [D030950]: : ISSUE: (1) Was a murder suspect "in custody" for Miranda purposes when he was questioned by police? (2) After the suspect invoked his Miranda right to counsel and was released from custody, could officers seek to question him? NOTE: THE CALIFORNIA SUPREME COURT HAS GRANTED REVIEW OF THIS CASE. IT IS NO LONGER CITABLE AUTHORITY.
Bond v. United States ( April 17, 2000) __US__ : ISSUE: Does a "search" occur when an officer picks up a person's soft luggage and squeezes it to determine whether it contains drugs?
In re Devon C. ( April 07, 2000) __Cal.App.4th__ : ISSUE: Is it a violation of California's bicycle helmet law for a juvenile to ride a bicycle without a helmet on a sidewalk?
People v. Waidla ( April 06, 2000) __Cal..4th__ : ISSUE: After a murder suspect invoked his Miranda right to counsel, did his comments to officers reasonably indicate he had changed his mind and wanted to talk to them about the crime?
Florida v. J.L. ( March 28, 2000) __US__ : ISSUE: Can officers lawfully pat search a person based solely on an anonymous telephone tip that the person is carrying a concealed weapon?
Lugtu v. California Highway Patrol ( March 24, 2000) __Cal.App.4th__[D032518] : ISSUE: When an officer makes a traffic stop, does he have a duty of reasonable care to the occupants of the car? NOTE: THE CALIFORNIA SUPREME COURT HAS GRANTED REVIEW OF THIS CASE. IT IS NO LONGER CITABLE AUTHORITY.
People v. Needham ( March 22, 2000) __Cal.App.4th__ [F032060] : ISSUE: (1) Did a sheriff's department's "oral" policy regarding vehicle inventory searches satisfy the requirement that inventory searches be conducted pursuant to standardized procedures? (2) Was the inventory search of the motorcycle driven by the defendant reasonable in scope?
United States v. Garcia (9th Cir. March 07, 2000) __F.3d__[99-10001] : ISSUE: (1) Was a traffic stop unduly prolonged? (2) Did the arresting officer have probable cause exist to search a tissue box? (3) Was the search of the car's glove box and trunk lawful?
People v. Allen ( February 22, 2000) __Cal.App.4th__[C030993] : ISSUE: If officers have probable cause to believe that drugs have been hidden in a bicycle, can they search the bike without a warrant?
People v. Spence ( February 10, 2000) __Cal.App.4th__ [C028033] : ISSUE: If a probation order authorizes a warrantless search of a probationer's home for stolen property, is it unlawful for officers to search the home primarily for drugs? NOTE: THE CALIFORNIA SUPREME COURT HAS GRANTED REVIEW OF THIS CASE.
People v. Watson ( January 20, 2000) __Cal.4th__[S078207] : ISSUE: Did a "sting" operation, in which officers left an unlocked car in a public place--with the keys in the ignition--constitute entrapment?
Illinois v. Wardlow ( January 12, 2000) : ISSUE: May officers detain a person on grounds he was in a high crime area and he ran from them?
In re Robert E. ( January 11, 2000) __Cal.App.4th__ : ISSUE: Did officers violate the defendant's Sixth Amendment right to counsel by questioning him about a crime that was separate, but somewhat related, to a crime with which he had been charged and was represented by counsel?
U.S. v. Dickerson ( January 01, 2000) : ISSUE: United States Supreme Court decides to review Miranda bombshell.
U.S. v. Henderson: (9th Cir. January 01, 2000) __ F.3d __ : ISSUE: (1) Should the trial court have granted Henderson's motion to disclose an informant? (2) Did Henderson lose his "standing" to challenge the search of a rental car because the rental agreement had expired? (3) Did FBI agents have probable cause to search Henderson's rental car?